When considering any type of claim for compensation the starting point is whether negligence can be established against another what for happened.
If negligence can be established then the remedy/outcome will be a financial one (a settlement/award of damages).
Some compensation claims can take a long time to conclude and at the outset of the claim and/or along the way, you may need rehabilitation or an interim payment depending on the nature of your injuries and your financial situation.
We will help by advising you on the process for obtaining an interim payment and/or rehabilitation, as well as putting into place the foundations needed for starting treatment.
An Interim payment is a sum of money paid to you by the Defendant insurers before a final settlement is reached or a final award of compensation is made by a Court.
More than one interim payment can be made during a claim.
An interim payment can be for a specific purpose for example to cover loss of earnings during a certain period, to fund care or medical treatment or to purchase a physical aid (such as a prosthetic limb). In serious injury cases it may also be made so the victim can put a 24 hour care package in place or to purchase a house if their accommodation is unsuitable, rather than wait until the end of the claim. In many such cases the final value of the claim can only be realised when these interim measures (care/accommodation) are put in place.
Interim payments can also be made simply to tide you over and some insurers agree to make voluntary interim payments as a sign of good faith.
Where an interim payment is needed for something specific and the Defendant insurers refuse to make a payment or there is disagreement on how much should be paid, it is possible to ask the Court to make a determination on this issue.
Any interim payments made are deducted from the compensation agreed/awarded at the end of the claim.
Under the Rehabilitation Code 2015 Defendant insurers are invited to consider whether the victim may benefit from any rehabilitation. The purpose of the code is to help the injured claimant make the best and quickest possible medical, social, vocational and psychological recovery.
Although its voluntary, most insurers will abide by the code, particularly in serious injury cases, where usually an Immediate Needs Assessment will be arranged at an early stage. This assessment would involve an experienced healthcare professional visiting you (normally at home) to assess your immediate/short term care and medical needs. Typically they would make recommendations for action to be taken in these respects which could be adaptations to your home, funding for medical treatment, occupational therapy, help with transport etc. If agreeable to the recommendations, usually the Defendant insurers will put funding in place for the necessary action to be taken.
Depending on the nature of your injuries and where appropriate as part of your rehabilitation, we may also seek to arrange a case manager be appointed on your behalf who would help manage all the various issues for you such as coordinating, monitoring and evaluating what options and services are available to you which would help meet your needs.
Rehabilitation can be an ongoing process and may even continue until the conclusion of the claim.
This is a difficult question, and it entirely depends on the circumstances of your case. We will, however, look into obtaining an interim payment for you as soon as it’s possible and reasonable to do so.
If you’d like further advice about the above, please click here to contact the Personal Injury team.
An interim payment can be for a specific purpose for example to cover loss of earnings during a certain period, to fund care or medical treatment or to purchase a physical aid (such as a prosthetic limb). In serious injury cases it may also be made so the victim can put a 24 hour care package in place or to purchase a house if their accommodation is unsuitable, rather than wait until the end of the claim. In many such cases the final value of the claim can only be realised when these interim measures (care/accommodation) are put in place.
Interim payments can also be made simply to tide you over and some insurers agree to make voluntary interim payments as a sign of good faith.
Where an interim payment is needed for something specific and the Defendant insurers refuse to make a payment or there is disagreement on how much should be paid, it is possible to ask the Court to make a determination on this issue.
This assessment would involve an experienced healthcare professional visiting you (normally at home) to assess your immediate/short term care and medical needs. Typically they would make recommendations for action to be taken in these respects which could be adaptations to your home, funding for medical treatment, occupational therapy, help with transport etc. If agreeable to the recommendations, usually the Defendant insurers will put funding in place for the necessary action to be taken.
Depending on the nature of your injuries and where appropriate as part of your rehabilitation, we may also seek to arrange a case manager be appointed on your behalf who would help manage all the various issues for you such as coordinating, monitoring and evaluating what options and services are available to you which would help meet your needs.
Any solicitor can say they are experienced in what they do. We go the extra mile to demonstrate our expertise. Many of our lawyers have undertaken independent assessments of their knowledge and skills. Our accreditations give you the assurance that you are dealing with a specialist.
By submitting this form I agree to allow Waldrons Solicitors Ltd. to process my details in accordance with Waldrons’ privacy policy.
